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Michigan Bureau of Elections Limits FOIA Data. Raises Concerns Among Election Integrity Groups

Updated: 24 hours ago


By Patrice Johnson | September 26, 2024

 

On September 24, the Michigan Bureau of Elections (BOE) issued a critical change in its FOIA disclosure policy. According to a communication sent to organizations receiving absentee voter (AV) data, the BOE will no longer provide certain key data fields essential for election monitoring and audits.

 

The message from the Secretary of State’s BOE indicated that data related to absentee ballot applications sent and received, as well as ballots returned by voters, will no longer be available under FOIA requests (letter below). Organizations including CheckMyVote.org and MFE’s Soles to Rolls rely on the transparency of these figures for their election integrity work. The move sparked an immediate outcry.

 

“I don’t see the reasoning behind these changes. The BOE cites voter privacy as the reason, but the date the application is sent and returned have nothing to do with voter privacy, and these dates are no longer disclosed. These changes tie the hands of auditing,” said Phani Mantravadi, CEO, of Check My Vote. “So, this information cannot be verified. We cannot even see the address where the ballot was sent.”

 

“This will affect all organizations who are relying on this data for election integrity work,” warned Marla Weber, a volunteer with Michigan Fair Elections’ voter roll hygiene program, called Soles to Rolls. Participants analyze their local voter rolls for errors and then assist their local clerks, responsible for keeping the state’s Qualified Voter File clean, in removing deceased, moved, duplicate, noncitizen, undeliverable, or ghost registrations.

 

Every Michigan resident has access to Checkmyvote.org and can check to see if dead or moved voter are still registered at their home or nearby addresses. Citizens can then notify their local clerks of the inaccuracies.

 

The data concealment is particularly concerning because, the ballot serial number will also not be disclosed, so the ability to verify that the ballot mailed is the one that was returned will disappear.

 

The SOS allows applicants to go online and change where their absentee ballots are sent. A clever hacker could, hypothetically, steal an absentee voter's ballot simply by re-directing the ballot elsewhere. Then when the voter goes to the polling place to vote, the voter would be told they can’t vote because they have already cast an absentee ballot.


Being able to change the address online where a ballot can be mailed and then not revealing where it was mailed or the serial number on the ballot is a recipe for disaster.




“We have no ballot ID. No date when it’s mailed. No address where it was sent. This is a huge risk to chain of custody,” Mantravadi added.

 

The Conservative Treehouse recently wrote, “There is a purpose and benefit to being independent and focused on precinct level integrity issues.”  

We are hearing about a lot of ballot challenge success in advance of the 2024 election as various grassroots organizations work diligently through a process of reviewing voter rolls and challenging discoveries based on duplicate registrations, expired registrations and more significantly, fraudulent addresses
It is very difficult, nearly impossible, to challenge a voter roll based on a name or identity of the voter.  But 1,000 registrations to an empty parking lot, vacant office building, Wal Mart or post office box are easier to identify, challenge and subsequently remove.  Voters just need to understand and accept the removal process is generally (depending on area) against the interests of the people responsible for maintaining fraudulent ballot printing opportunities on the voter rolls. [Emphasis added]

  

Election Integrity Groups Raise Alarm

 

District 9 of the Michigan GOP reacted strongly to the BOE’s announcement of its cloaking of formerly public data. Phil O'Halloran, M.D., a practicing surgeon and the self-described Election Integrity Chair for District 9, said the change was a severe blow to transparency.


"This is the digital equivalent of plastering pizza boxes on the windows at the TCF Center. What are you trying to hide, Jocelyn?"


O’Halloran’s reference alludes to the 2020 election controversy in Detroit, where allegations of ballot mishandling and lack of transparency were hotly contested. The Secretary of State’s sudden policy shift comes as District 9 prepares to launch a ballot tracking initiative using CheckMyVote.org's technology, which monitors absentee ballots and ensures they are sent only to eligible voters.


Deb Ross, Chair of District 9, urged Michigan voters to mobilize. "Now is the time for Michigan patriots to step up and secure our elections. This is about preserving freedom for your children and grandchildren. They are counting on you to take action."


Representative Rachelle Smit Responds

 

Rachelle Smit, a state representative, pointed out that the Secretary of State's (SOS) office appears to be acting without authorization or proper legislative oversight.


"This new power to grant the SOS added authority hasn’t even received testimony in the House Ethics and Elections Committee or even been voted out of the committee,” Smit remarked. The representative, a member of the committee, is referring to Senate Bill 401 that, if passed through the House and signed into law Governor Whitmer (D), would grant the Secretary unprecedented power to change election rules and bypass legislative approval. Even if enacted, the controversial bill would not take effect until January 2026.


This development raises concerns about the lack of public or legislative input regarding changes by the Sec. of State and its Bureau of Elections that significantly impact election transparency.

 

Concerns About Transparency and Timing

 

With the 2024 election only 39 days away, many view this change as a strategic move to limit oversight and open the gates for bad actors to enter. The daily data on ballots returned by voters is crucial not only for election integrity but also for Get Out the Vote (GOTV) activities. Without this information, groups working to monitor absentee ballots will have a harder time ensuring that only legitimate ballots are counted.


The BOE’s message about a second file was referenced but not explained in detail, so has raised additional questions. The exact content and purpose of this secondary file remain unclear, prompting calls for clarification from those affected.


Next Steps for Election Integrity Efforts

 

Election integrity groups are planning to take several actions in response to the FOIA data limitations. These include:

  • Verifying the change: Ensuring that this new policy is permanent and understanding its scope for the upcoming election.

  • Notifying legal teams: Coordinating with state and national Republican legal teams to challenge the new restrictions.

  • Raising public awareness: Publishing blog posts, issuing statements, and notifying media outlets to inform voters of the seriousness of the situation.

  • Appealing for legislative review: Encouraging legislators like Rep. Smit to address the issue in Lansing.

 

Ballot Tracking Initiative Launch

 

Despite the challenges posed by the BOE’s new policy, District 9’s ballot tracking team is proceeding with its launch on September 25. The initiative will be introduced at Stevo’s in Imlay City, with an emphasis on empowering volunteers to monitor absentee ballots. The event will feature a presentation on how to use CheckMyVote.org's tracking technology, a key tool in the fight for election transparency.


For more information, visit the official websites of CheckMyVote.org and the Michigan Bureau of Elections.





 

Each year, millions of registered voters don’t make it to the polls. This project is working to motivate voters in Michigan, and make an impact by sending personalized letters to Michigan voters.


Each volunteer will be provided with a UVote kit containing:

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Include your mailing address and phone number, and we will send you a kit immediately.


 

The views and opinions expressed in this commentary are those of the authors and do not reflect the official position of the Pure Integrity Michigan Elections. Every article written by an PIME author is generated by the author or editor alone. However, links or images embedded within the article, may have been generated by artificial intelligence.

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